You are on page 1of 11

REVIEWER IN SOCLEG

ANTI-SEXUAL HARASSMENT ACT of 1995 (RA 7877)


Policy: to value the dignity of every individual, enhance the
development of its human resources, guarantee full respect for
human rights and uphold the dignity of workers, employees,
applicants for employment, students or those undergoing
training, instruction or education.

EMPLOYER/HEAD OF OFFICE in a WORK-RELATED,


EDUCATION or TRAINING ENVIRONMENT:
DUTIES:
a.

Coverage: employment, education, training environment


b.

Keywords:
AUTHORITY,
INFLUENCE
or
MORAL
ASCENDANCY to DEMAND, REQUEST or REQUIRE any
sexual favour
QUID PRO QUO one thing in return for another; most
commonly recognized form of sexual harassment
1.
2.

Job benefits are made contingent on the provision of


sexual favors;
Rejection of a sexual advance results to a tangible
employment detriment

SEXUAL HARASSMENT IS COMMITTED IN A WORKRELATED OR EMPLOYMENT ENVIRONMENT WHEN:


a.

b.
c.

The sexual favour is made as a CONDITION in hiring,


employment,
re-employment
or
continued
employment or in granting favourable compensation;
The acts would IMPAIR THE EMPLOYEES RIGHTS
OR PRIVILEGES under existing labor laws;
The acts would results in an INTIMIDATING,
HOSTILE or OFFENSIVE ENVIRONMENT for the
employee.

SEXUAL HARASSMENT IS COMMITTED


EDUCATION OR TRAINING ENVIRONMENT:
a.
b.
c.
d.

IN

AN

Against one who is under the CARE, CUSTODY or


SUPERVISION of the offender;
Against one whose education, training, apprenticeship
or tutorship is ENTRUSTED to the offender;
When the sexual favour is made as a CONDITION to
the giving of a passing grade, granting of honors, etc.;
When the sexual advances result in an
INTIMIDATING,
HOSTILE
or
OFFENSIVE
ENVIRONMENT for the student, trainee or apprentice

Directs/induces another/cooperates in the commission of


the acts LIABLE under the law

PREVENT or DETER the commission of acts and to


PROVIDE for the resolution, settlement or
prosecution of acts;
APPROPRIATE RULES and REGULATIONS
Administrative sanctions not a bar to prosecution in
the proper courts for unlawful acts of sexual
harassment.

LIABILITY: Solidarily liable for damages, if he is informed of


such acts by the offended party and no immediate action is
taken thereon
INDEPENDENT ACTION FOR DAMAGES: The victim may
institute a separate and independent action for damages and
other affirmative relief.
PRESCRIPTIVE PERIOD: 3 years
(from IRR)

Acts are not limited to abuse of authority but includes peer


relationships; it contemplates cases of harassment
involving persons of the same or opposite sex.
Sexual harassment is a ground for administrative
disciplinary action and may constitute grave misconduct,
simple misconduct, disgraceful or immoral misconduct or
conduct prejudicial to the best interest of the service, as
each case may warrant.

Important details:

Investigate, taking into account the intergrity and


other preponderant interests
Observe confidentiality
Provide all possible support services to victims
Retaliation against parties directly or indirectly
involved in any incident will not be tolerated. Any act
of retaliation shall be a ground for disciplinary action.

PERSONAL EQUITY AND RETIREMENT ACCOUNT (PERA) of 2008 (RA 9505)


Policy: to establish a legal and regulatory framework for
voluntary personal retirement plans as a means to promote
savings mobilization and capital market development, to
contribute to long-term sustainability through the provision of
long-term financing, and to reduce the need for social pension
benefits
Terms:
a.

b.
c.

d.
e.

f.

g.

h.

i.

ADMINISTRATOR entity responsible for overseeing the


PERA; it shall be the one to report contributions made to
the account, compute the values of investments, collect
appropriate taxes, etc.
CONTRIBUTOR person with the capacity to contract
and possess a tax identification number
CUSTODIAN entity different from an administrator; it
shall be responsible for receiving all funds in connection
with the PERA, maintain custody of all original securities,
evidence of deposits or other evidence of investment.
a. Cash custodians
b. Securities custodians
EARLY WITHDRAWAL any withdrawal prior to the
period of distribution
INVESTMENT MANAGER regulated person or entity
authorized by a Contributor to make investment decisions
for his PERA. It shall assume fiduciary duty and
responsibility for PERA investments.
PERSONAL EQUITY AND RETIREMENT ACCOUNT
voluntary retirement account established by and for
the exclusive use and benefit of the contributor for the
purpose of being invested solely in PERA investment
products in the Philippines. The contributor shall
retain the ownership, whether legal or beneficial, of
funds placed therein, including all earnings of such
funds
PERA ASSETS aggregate of the assets in the PERA at
any one time, including the cash funds and the PERA
investment products into which they are invested and
reinvested and all the income earned therefrom
PERA INVESTMENT PRODUCT a unit investment trust
fund, mutual fund, annuity contract, insurance pension
products, etc. Product must be non-speculative, readily
marketable and with a track record of regular income
payments to investors.
REGULATORY AUTHORITY BSP as regards banks,
financial institutions and trust entities; SEC for investment
companies, investment houses; Office of the Insurance
Commission (OIC) for insurance companies

REGULATORY AUTHORITY

APPLICANT

BSP

Banks, trust entites

SEC

Investment company
advisers, securities brokers,
investment houses

INSURANCE COMMISSION

Insurance companies,
insurance brokers

CONCERNED
REGULATORY AUTHORITY

j.

Other entities

OVERSEAS FILIPINO individual citizen of the


Philippines who is working or deriving income from
abroad, including one who retained or reacquired his
Philippine citizenship or the legitimate spouse, whether or
not said spouse is of Filipino ancestry, and the children of
the Filipino citizen

ESTABLISHMENT OF A PERA:
-

Contributor may create and maintain a maximum of


5 PERA, at any one time
o Aggregate maximum contribution of
P100,000.00 or its equivalent in any
convertible foreign currency at the
prevailing rate at the time of the actual
contribution
o If the Contributor is married, each of the
spouses shall be entitled to make
P100,000.00 maximum contribution
o If the contributor is an OCW, he is allowed to
make maximum contributions double the
allowable maximum amount
o A contributor has the option to contribute
more than the maximum amount provided
that the excess shall no longer be entitled to
a tax credit of 5%.
Contributor shall designate and maintain only 1
administrator for all his PERA
Contributor shall make all his investment decisions
but he has the option of appointing an Investment
Manager
A person above the age of 55 years may still open a
PERA provided that he complies with the
requirements of the PERA Act of 2008 and the PERA
rules

PRE-ACCEPTANCE DISCLOSURE POLICY provide for the


disclosure to the potential Contributor of the nature of a PERA,
privileges and conditions, category and classification of PERA
Investment Products, risks associated, obligations and
responsibilities of the Administrator of the PERA, etc.
EMPLOYERS CONTRIBUTION he may contribute to its
employees PERA to the extent of the amount allowable to the
Contributor
-

The employer should comply with the mandatory SSS


contribution and retirement pay under the Labor Code
Contribution shall be allowed as a deduction from the
employers gross income
Contributor retains the prerogative to make
investment decisions pertaining to his PERA

TAX TREATMENT OF CONTRIBUTIONS income tax credit


equivalent to 5% of the total PERA contribution

No refund
If the Contributor is an overseas Filipino, he shall be
entitled to claim tax credit from any tax payable to the
national government
All income earned from the investments and
reinvestments are tax exempt. Distributions are
also tax exempt.

EARLY WITHDRAWAL:
a.

b.
TERMINATION any premature termination shall be treated
as an early withdrawal, provided that the penalties shall not
apply if the entire proceeds are immediately transferred to
another PERA investment and/or another administrator
DISTRIBUTIONS UPON RETIREMENT/DEATH:
1.
2.
3.

4.
5.

Upon reaching the age of 55 years;


At least contributions for at least 5 years;
Distribution shall be made in either lump sum or
pension for a definite period or lifetime pension, the
choice of which shall be at the option of the
Contributor
Contributor has the option to continue the PERA;
Complete distribution shall be made upon the death of
the contributor, irrespective of the age of the
Contributor at the time of his death

* proceeds of the PERA distribution shall not form part of the


estate subject to estate tax

c.

Any withdrawal of PERA Assets prior to reaching the


age of 55 years or the death of the Contributor, except
when the entire proceeds from such withdrawal are
immediately transferred to another PERA Investment
Product and/or another Administrator;
Any withdrawal of PERA Assets before the
Contributions to his PERA for at least 5 years, except
when the entire proceeds from such withdrawal are
immediately transferred to another PERA Investment
Product and/or Administrator;
A premature termination

PENALTY ON EARLY WITHDRAWAL determined by the


Secretary of Finance and the amount shall not be less than the
tax incentives enjoyed by the Contributor
No early withdrawal penalty shall be imposed on any
withdrawal of any funds for the following purposes:
a.
b.

Payment of accident or illness-related hospitalization


in excess of 30 days;
Payment to a contributor who has been subsequently
rendered permanently totally disabled

PERA assets cannot be assigned, alienated, pledged,


encumbered, attached, garnished, seized or levied upon.

DOMESTIC WORKERS ACT/BATAS KASAMBAHAY (RA 10361)

a.

b.
c.

to affirm labor as a primary social force and is


committed to respect, promote, protect and realize the
fundamental principles and rights at work including,
but not limited to, abolition of child labor, elimination of
all forms of forced labor, discrimination in employment
and occupation, and trafficking in persons, especially
women and children;
to adhere to internationally aaccepted working
conditions for workers in general;
to recognize the need to protect the rights of domestic
workers against abuse, harassment, violence,
economic exploitation and performance of work that is
hazardous to their physical and mental health;

a.

b.

c.
d.

e.

f.

g.

h.

Coverage: all domestic workers employed and


working within the coutnry

1.

STANDARD OF TREATMENT - Employer or any


member of the household shall not subject a
domestic worker or kasambahay to any kind of

BOARD, LODGING AND MEDICAL ATTENDANCE

a. At least 3 adequate meals a day


b. Humane sleeping arrangements
c. Appropriate rest and assistance in case of illness and
injuries sustained during service without loss of
benefits

2.
3.

Terms:

DEBT BONDAGE rendering of service as security or


payment for a debt where the length and nature of a
service is not clearly defined or when the value of the
service is not reasonably applied in the payment of the
debt;
DEPLOYMENT EXPENSES expenses directly used for
the transfer of the domestic worker from place of origin to
the place of worker covering the cost of transportation.
Advances or loans by the domestic worker are not
included;
DOMESTIC WORK work performed in or for a
household or households;
DOMESTIC WORKER/KASAMBAHAY any person
engaged in domestic work within an employment
relationship such as, but not limited to: general househelp,
nursemaid or yaya, cook, gardener or laundry person but
shall exclude any person who performs domestic work
only occasionally or sporadically and not on an
occupational basis. The term shall not include children
who are under foster family arrangement and are provided
access to education and given an allowance incidental to
education;
EMPLOYER any person who engages and controls the
services of a domestic worker and is party to the
employment contract;
HOUSEHOLD - immediate members of the family or the
occupants of the house that are directly provided services
by the domestic worker
PRIVATE EMPLOYMENT AGENCY (PEA) individual,
legitimate partnership, corporation or entity licensed to
engage in the recruitment and placement of domestic
workers for local employment
WORKING EMPLOYMENT domestic workers who are
15 years and above but below 18 years of age

abuse nor inflict any form of physical violence or


harassment or any act tending to degrade the
dignity of a domestic worker

Policies:

GUARANTEE OF PRIVACY all forms of communication


and personal effects
ACCESS TO OUTSIDE COMMUNICATION access to
outside communicate during free time. In case of
emergency, access to communication shall be granted
even during work time.

4.

5.

* At no instance shall the employer withdraw or


hold in abeyance the provision of these basic
necessities as a punishment or disciplinary action

* Should the domestic worker make use of the


employers facilities, the costs shall be borne by
the domestic worker unless such charges are
waived by the employer.

RIGHT TO EDUCATION AND TRAINING finish basic


education and may allow access to alternative learning
systems, and as far as practicable, higher education or
technical and vocational training
PROHIBITION AGAINST PRIVILEGED INFORMATION
all communication and information pertaining to the
employer or members of the household shall be treated as
privileged and confidential, and shall not be publicly
disclosed by the domestic worker during and after
employment.

* such privileged information shall be


inadmissible in evidence except when the suit
involves the employer or any member of the
household in a crime against persons, property,
personal liberty and security, and chastity

PRE-EMPLOYMENT

EMPLOYMENT CONTRACT

In a language or dialect understood by both the


domestic worker and the employer
Include the following details:
o Duties and responsibilities of the domestic
worker;
o Period of employment;
o Compensation;
o Authorized deductions;
o Hours of work and proportionate additional
payment;
o Rest days and allowable leaves;

o
o
o
o
o

a.
b.
c.
d.

1.
2.
3.

4.

5.

* In case the employment is facilitated through a


private employment agency, the PEA shall keep a
copy of all employment contracts of domestic
workers and shall be made available for
verification and inspection by the DOLE
PRE-EMPLOYMENT REQUIREMENTS:

6.

Medical certificate issued by a local government


health officer;
Barangay and police clearance;
NBI clearance;
Duly-authenticated birth certificate and if not
available, other document showing the age of the
domestic worker

1.
2.
3.
4.

Board, lodging and medical attention;


Agreements on deployment expenses, if
any;
Loan agreement;
Termination of employment;
Any other lawful condition agreed upon by
parties

EMPLOYMENT TERMS AND CONDITIONS:

Health and safety


Daily rest period aggregate period of 8 hours/day
Weekly rest period at least 24 hours consecutive
hours of rest

The employer and the domestic worker shall


agree in writing on the schedule of the weekly
rest day of the domestic worker;

The employer shall respect the preference of the


domestic worker as to the weekly rest day when
such preference is based on religious grounds

Subject to agreements:
o Offsetting a day of absence with a
particular rest day;
o Waiving a particular rest day in return for
an equivalent daily rate of pay;
o Accumulating rest days not exceeding 5
days;
o Other similar arrangements
Assignment to non-household work no domestic
worker shall be assigned to work in a commercial,
industrial or agricultural enterprise at a wage rate
lower than that provided for agricultural or non-

P2,50
0.00/
mo
P2,00
0.00/
mo
P1,50
0.00/
mo

LOCATION OF
EMPLOYMENT

NCR

Chartered cities and first


class municipalities

Other municipalities

7.

RATE

Sharing in recruitment and finders fees


Requiring deposits for loss or damage
Placing the domestic worker under debt bondage
Employ any person below 15 years of age
EMPLOYERS REPORTORIAL DUTY register
all domestic workers under their employment in
the Registry of Domestic Workers in the
barangay where the employers residence

PROHIBITIONS:

agricultural workers. The domestic worker shall be


paid the applicable minimum wage.
Extent of duty
Employer and domestic worker may mutually agree
for the former to temporarily perform a task that is
outside the latters household for the benefit of
another household;
Any liability on account of such arrangement shall be
borne by the original employer
Such work performed outside the household shall
entitle the domestic worker to an additional payment
of not less than the existing minimum wage rate of a
domestic worker

MINIMUM WAGE shall not be less than the following:

PAYMENT OF WAGES
a. Paid on time directly to the domestic worker;
b. In cash (no promissory
notes, vouchers,
coupons, tokens, tickets, etc.)
c. At least once a month
d. Domestic worker shall be entitled to a 13th month
pay

8. PAY SLIP copies shall be kept by the employer for a


period of 3 years

9. PROHIBITION
AGAINST
WITHHOLDING
OF
WAGES
a. Domestic worker leaves without any justifiable
reasons, any unpaid salary for a period not
exceeding 15 days shall be forfeited;
b. The employer shall not induce the domestic
worker to give up any part of the wages by force,
stealth, intimidation, threat or by any other means

10. LEAVE BENEFITS


a. Domestic worker has rendered at least 1 year of
service shall be entitled to an annual service
incentive leave of 5 days
b. Any unused portion shall not be cumulative or
carried over to the succeeding years
c. Unused leaves shall not be convertible to cash

11. SOCIAL AND OTHER BENEFITS


a. Rendered at least 1 month of service shall be
covered by the SSS, PhilHealth and the PAGIBIG
b. Premium payments or contributions shall be
shouldered by the employer

c.

If the domestic worker is receiving P5,000.00 and


above per month, the domestic worker shall pay
the share in the premium payments or
contributions

DSWD and DILG rescue and rehabilitation of


abused or exploited domestic workers

POST-EMPLOYMENT:

TERMINATION OF SERVICE:

GR: Neither the domestic worker nor the


employer may terminate the contract before the
expiration of the term.

EXCEPTIONS:

TERMINATION
INITIATED BY THE
DOMESTIC
WORKER

Verbal or emotional
abuse
of
the
domestic worker by
the employer or any
member
of
the
household;

Inhuman treatment
including
physical
abuse
of
the
domestic worker by

TERMINAT
ION
INITIATED
BY THE
EMPLOYE
R
Misconduct
or
willful
disobedien
ce by the
domestic
worker of
the lawful
order of the
employer in
connection
with
the
formers
work;
Gross
or
habitual
neglect or
inefficiency

by
the
domestic
the employer or any
worker in
member
of
the
the
household;
performanc
e of duties;

Fraud
or
wilful
breach of
the
trust
reposed by
the
employer
on
the
domestic
worker;
Commission of a crime or offense against the
domestic worker by the employer or any member
of the household;
Violation by the employer of the terms and
conditions of the employment contract;
Any disease prejudicial to the health of the
domestic worker, the employer or members of the
household;

EMPLOYMENT CERTIFICATE issued by the


employer within 5 days from the request of the
domestic worker. The certificate shall indicate the
nature, duration of the service and work
performance of the domestic worker.

PRIVATE EMPLOYMENT AGENCIES:

DOLE ensures the protection of domestic


workers hired through the PEAs

PEA jointly and severally liable with the


employer for all the wages, wage-related benefits
and other benefits due a domestic worker

EXPANDED SENIOR CITIZENS ACT OF 2010 (RA 9994)

1.

2.

3.
4.

5.

6.

To recognize the rights of senior citizens to take their


place in society and make it a concern of the family,
community and government;
To give full support to the improvement of the total
well-being of the elderly and their full participation in
society, considering that senior citizens are integral
part of the society;
To motivate and encourage the senior citizens to
contribute to nation building;
To encourage their families and the communities they
live with to reaffirm the valued Filipino tradition of
caring for the senior citizens;
To provide a comprehensive health care and
rehabilitation system for disabled senior citizens to
foster their capacity to attain a more meaningful and
productive ageing; and
To recognize the important role of the private sector in
the improvement of the welfare of senior citizens and
to actively seek their partnership.

a.
b.

c.

d.

e.

Terms:

SENIOR CITIZEN/ELDELY resident citizen of the


Philippines at least 60 years old
MEDICAL
SERVICES

hospital
services,
professional services of physicians and other health
care professionals and diagnostics and laboratory
tests that are necessary for the diagnosis or treatment
of an illness or injury;
NEAREST SURVIVING RELATIVES refers to the
legal spouse who survives the deceased senior
citizen; provided, that where no spouse survives the
decedent, this shall be limited to relatives in the
following degree of kinship: children, parents, siblings,
grandparents, grandchildren, uncles and aunts;
HOME HEALTH CARE SERVICE health or
supportive care provided to the senior citizen patient
at home by licensed health care professionals to
include, but not limited to, physicians, nurses,
midwives, physical therapist and caregivers;
INDIGENT SENIOR CITIZEN elderly who is frail,
sickly or with disability and without pension or
permanent source of income, compensation or
financial assistance from his/her relatives to support
his/her basic needs

1.

Policies:

PRIVILEGES FOR SENIOR CITIZENS:

20% discount and exemption from the VAT from the:


a. purchase of medicines;
b. professional fees of physicians in all private
hospitals and those providing for home care
services;
c. medical and dental services;
d. actual fare for land, air and sea travel;
e. admission fees charged by theaters, cinema
houses, concert halls, etc;

f.

funeral and burial services for the death of


senior citizens
2. Exemption from income taxes of senior citizens who
are considered to be minimum wage earners;
3. Grant of minimum of 5% discount relative to the
monthly utilization of water and electricity supplied by
the public utilities;
a. Provided that the meters are registered in
the name of the senior citizen residing
therein;
b. The monthly consumption does not exceed
100 kWh of electricity and 30 cubic meters of
water
c. The privilege is granted per household
regardless of the number of senior citizens
residing therein
4. Exemption from training fees for socioeconomic
programs;
5. Free medical and dental services, diagnostic and
laboratory fees in all government facilities;
6. Free vaccination against the influenza virus and
pneumococcal disease for indigent senior citizen
patients
7. Educational assistance
8. Continuance of the same benefits and privileges
given by the GSIS, SSS and PAGIBIG
9. Express lanes in all commercial and government
establishments
10. Death benefit assistance of a minimum of P2,000.00

1.
2.
3.

ID issued by the Office of the Senior Citizen Affairs


(OSCA)
Passport
Other documents that establish that the senior citizen
is a citizen of the Republic and is at least 60 years of
age

1.
2.
3.
4.

PROOF TO AVAIL PRIVILEGES:

GOVERNMENT ASSISTANCE:

Employment
Education
Health
Social Services 50% discount shall be granted on
the consumption of electricity, water and telephone by
the senior citizens center and residential care/group
homes that are government-run or non-stock, nonprofit domestic corporation organized for the purpose
of promoting the well-being of abandoned, neglected,
unattached or homeless senior citizens
a. self and social enhancement services
provide senior citizens opportunities for
socializing, organizing, creative expression
and self-improvement;
b. after care and follow-up services for
citizens who are discharged from the homes
or institutions for the aged, especially those
who have problems of reintegration with
family and community;

c.

d.
5.
6.
7.

neighbourhood support services


wherein the community or family members
provide caregiving services to their frail, sick
or bedridden senior citizens
substitute family care residential care
or group homes

Housing
Access to Public Transport
Incentive for Foster Care
a. Realty tax holiday for the first 5 years
starting from the first year of operation;
b. Priority in the construction or maintenance of
provincial and municipal roads

8.

Additional Government Assistance


a. Social Pension
i. Indigent senior citizens shall be
entitled to a monthly stipend of
P500.00
ii. Mandatory PhilHealth coverage
iii. Social Safety Nets

Intended to cushion the


effects
of
economic
shocks, disasters and
calamities

MAGNA CARTA FOR DISABLED PERSONS (RA 7277)

1.

2.
3.

a.

b.

c.

d.

e.

f.

g.

h.
i.

workshops providing special facilities, incomeproducing projects or homework schemes;


j.
AUXILIARY SOCIAL SERVICES supportive
activities in the delivery of social services to the
marginalized sectors of society;
k. MARGINALIZED DISABLED PERSONS disabled
persons who lack access to rehabilitative services
and opportunities to be able to participate fully in
socioeconomic activities and who have no means of
livelihood and whose incomes fall below the proverty
threshold;
l.
QUALIFIED INDIVIDUAL WITH A DISABILITY an
individual with a disability who, with or without
reasonable accommodations, can perform the
essential functions of the employment position that
such individual holds or desires
m. READILY ACHIEVABLE a goal can be easily
attained and carried out without much difficulty or
expense
a. Nature and cost of the action;
b. Overall financial resources of the facility
c. Overall financial resources of the covered
entity with respect to the number of its
employees
d. Type of operation or operations of the
covered entity
n. COVERED ENTITY employer, employment agency,
labor organization or joint-labor management
committee;

Policies:

To give full support to the improvement of the total


well-being of disabled persons and their integration
into the mainstream of society;
To adopt policies ensuring the rehabilitation, selfdevelopment and self-reliance of disabled persons
To facilitate integration of disabled persons into the
mainstream of society, the State shall advocate for
and encourage respect for disabled persons

Coverage: all disabled persons

Terms:

DISABLED PERSONS those suffering from


restriction or different abilities, as a result of mental,
physical or sensory impairment, to perform an activity
in the manner or within the range considered normal
for a human being;
IMPAIRMENT any loss, diminution or aberration of
psychological, physiological or anatomical structure or
function;
DISABILITY
a. Physical or mental impairment that
substantially
limits
one
or
more
psychological, physiological or anatomical
function of an individual or activities of such
individual
b. Record of such an impairment
c. Being regarded as having such an
impairment
HANDICAP disadvantage for a given individual,
resulting from an impairment or a disability, that limits
or prevents the function or activity, that is considered
normal given the age and sex of the individual;
REHABILITATIO integrated approach to physical,
social, cultural, spiritual, educational and vocational
measures that create conditions for the individual to
attain the highest possible level of functional ability;
SOCIAL BARRIERS characteristics of institutions
which limit the fullest possible participation of disabled
persons in the life of the group. This includes negative
attitudes which tend to single out and exclude
disabled persons and which distort roles and
interpersonal relationships;
AUXILIARY AIDS AND SERVICES
a. Qualified interpreters or other effective
methods of delivering materials to individuals
with hearing impairments;
b. Qualified readersto individuals with visual
impairments;
c. Acquisition or modification of equipment or
devices; and
d. Other similar services
REASONABLE ACCOMODATION
a. Improvement of existing facilities
b. Modification of work schedules
SHELTERED EMPLOYMENT provisions of
productive work for disabled persons through

A.

B.

C.
D.

RIGHTS AND PRIVILEGES OF DISABLED


PERSONS:

EMPLOYMENT

1. Equal opportunity for employment


2. Sheltered employment
3. Apprenticeship
4. Vocational Rehabilitation
5. Vocational Guidance and Counseling

EDUCATION

1. Access to quality education


o It shall be unlawful for any learning institution
to deny a disabled person admission to any
course it offers by reason of handicap or
disability
2. Assistance to disabled students
3. Special Education
4. Vocational or Technical and Other Training Programs
5. Non-Formal Education
6. State Universities and Colleges

HEALTH
1. Rehabilitation centers
2. Health Services
AUXILIARY SOCIAL SERVICES
1. Assistance in the acquisition of prosthetic devices and
medical intervention of specialty services;

2.

Provision of specialized training activities designed to


improved functional limitations of disabled persons
related to communications skills;
3. Development among disabled persons of a positive
self-image through the provision of counselling,
orientation and mobility and strengthening daily living
capability
4. Provision of family care services geared towards
developing the capability of families to respond to the
needs of the disabled members of the family;
5. Provision of substitute family care services and the
facilities therefore for abandoned, neglected, abused
and unattached disabled persons who need custodial
care;
6. Provision of after care and follow-up services for the
continued rehabilitation in a community-based setting
of disabled persons who were released from the
residential care or rehabilitation center; and
7. Provision of day care services for disabled children of
pre-school age.

E. TELECOMMUNICATIONS
1. Broadcast Media
o TV stations shall be encouraged to provide a
sign-language inset or subtitles in at least 1
newscast program a day
2. Telephone Services
3. Free Postal Charges for the Disabled

F. ACCESSIBILITY
1. Barrier-Free Environment access in public and
private buildings
Accessibility Law
2. Mobility disabled persons shall be allowed to drive
motor vehicles, subject to the rules and regulations
issued by the LTO
3. Access to Public Transport Facilities

G. POLITICAL AND CIVIL RIGHTS


1. System of Voting
o Disabled persons shall be allowed to be
assisted by a person of his choice in voting
in national or local elections
2. Right to Assemble
3. Right to Organize

1.

2.

3.

4.

5.

6.

7.

8.

9.

PROHIBITION ON DISCRIMINATION AGAINST


DISABLED PERSONS:

DISCRIMINATION ON EMPLOYMENT

No entity, whether public or private, shall


discriminate against a qualified disabled person
by reason of disability in regard to job application
procedures, the hiring, promotion, or discharge of
employees, employee compensation, job training,
and other terms, conditions, and privileges of
employment.

ACTS OF DISCRIMINATION:

1. Limiting, segregating or classifying a disabled job


applicant in such a manner that adversely affects
his work opportunities;

Using qualification standards, employment tests


or other selection criteria that screen out or tend
to screen out a disabled person unless such
standards, tests or other selection criteria are
shown to be jobrelated for the position on
question and are consistent with business
necessity;
Utilizing standards, criteria, or methods of
administration that: 1). have the effect of
discrimination on the basis of disability; or 2).
perpetuate the discrimination of others who are
subject to common administrative control;
Providing less compensation, such as salary,
wage or other forms of remuneration and fringe
benefits, to a qualified disabled employee, by
reason of his disability, than the amount to which
a non-disabled person performing the same work
is entitled;
Favoring a non-disabled employee over a
qualified disabled employee with respect to
promotion, training opportunities, study and
scholarship grants, solely on account of the
latters disability;
Re-assigning or transferring a disabled employee
to a job or position he cannot perform by reason
of his disability;
Dismissing or terminating the services of a
disabled employee by reason of his disability
unless the employer can prove that he impairs
the satisfactory performance of the work involve
to the prejudice of the business entities;
Provided, however, That the employer first
sought provide reasonable accommodations for
disabled persons;
Failing to select or administer in the effective
manner employment tests which accurately
reflect the skills, aptitude or other factor of the
disabled applicant or employee that such test
purports to measure, rather than the impaired
sensory, manual or speaking skills of such
applicant or employee, if any; and
Excluding disabled persons from membership in
labor unions or similar organization.

2.

DISCRIMINATION ON TRANSPORTATION

It shall be considered discrimination for the


franchises or operators and personnel of sea,
land, and air transportation facilities to charge
higher fare or to refuse to convey a passenger,
his orthopedic devices, personal effects, and
merchandise by reason of his disability.

ACTS OF DISCRIMINATION

1.

Denying a disabled person, directly through


contractual, licensing, or other arrangement, the
opportunity to participate in or benefit from the goods,
services, facilities, privileges, advantages, or

2.

3.

accommodations of an entity by reason of his


disability;
Affording a disabled person, on the basis of his
disability, directly or through contractual, licensing, or
other arrangement, with the opportunity to participate
in or benefit from a good, service, facility, privilege,
advantage, or accommodation that is not equal to that
afforded to other able-bodied persons; and
Providing disability, directly or through contractual,
licensing, or other arrangement, with a good, service,

facility, advantages, privilege, or accommodation that


is different or separate from that provided to other
able-bodied persons unless such action is necessary
to provide the disabled person with a good, service,
facility, advantage, privilege or accommodation, or
other opportunity that is as effective as that provided
to others;

You might also like